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Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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Immigration application A colleague suspects that one of

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Immigration application

A colleague suspects that one of her employees may be an illegal immigrant.

The person has worked for her for more than 5 years and is an important member of staff.

If her suspicions are correct I presume she will need to advise the border agency. The problem is that she does not want to loose this member of staff, since his position would be very difficult to replace and this would have a genuine and significant effect on her business.

The person conerened is not married, but has been in the UK for many years and been paying paye & NI for at least the last five years.

any advice much appreciated

Awan-Legal :

Hi

Customer:

Hello

Awan-Legal :

Under the current law, it is a criminal offence to employ an illegal immigrant and she could potentially be liable to a maximum £10,000 fine. It is the employer's duty to check the employment documents now so this could create a problem. I do understand the situation though - it would be worth checking what status she/he has (if any).

Customer:

Ok I think she knows this, but at the same time is concerned about the impact of loosing this employee.

Customer:

Does the fact that he is a valuable employee and would be difficult to replace make any difference to the border agency ? or would the individual just get deported straight away. assuming her suspicions are correct?

Customer:

also is it retrospective requirement to check employees documents, we do this ourselves for new employees, but haven't done so for existing employees (more than say 5 years employment)

Customer:

I need to go off line now but would appreciate your thoughts

Awan-Legal :

My apologies - I was just in a client meeting which started after I messaged you.

Awan-Legal :

The UKBA are very strict on this now and checks are required every 12 months as per the link below:

Awan-Legal :

If the employer has not made any current checks, then if they were apprehended by the UKBA this could place them in serious difficulty unfortunately.

Awan-Legal :

It is unlikely that she could make an application to stay in the UK simply based on her 5 year employment although the full facts of the case and her individual circumstances/background would need to be considered to advise fully on this. If she were by chance eligible to regularise her stay in the UK and make perhaps a human rights application (outside the rules), it would purely be at the discretion of the UKBA to grant it. A good lawyer who is accustomed to dealing with complex human rights applications would help.

Awan-Legal :

However, if she has already overstayed her last visa/been illegal for over 28 days (which is likely to be the case if the suspicions are correct), then the UKBA will not accept her application - which in turn may allow her to make a Judicial Review application to the High Court but this could be very expensive.

Awan-Legal :

The other option is for her to return abroad and make an entry clearance (visa) application from abroad for a Tier 2 visa (like a work permit) but the employer would need to register as a Sponsor for these purposes and apply for her licence. I will forward the link for the process. However, if she has overstayed she would be subject to a minimum one year ban from returning to the UK unfortunately.

Awan-Legal :

I hope that helps. Please provide a positive rating and I would be happy to continue the dialogue.

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